Promote health care to taste to old people
Constitute crime of sale false drug or crime of fraud
Li Wen Zhupei is connected
Brief introduction of details of a case:
In September 2016, liu arms Cong Gaowei, Gao Yuan is taken over in 2 hand manage be located in an urban culture road east " management center of hundred actor fitness " . Of the same age in October, 10 thousand force, Yang Chi, Liu Bing, Zhang Ping, Liu Jia and tall Wei, Gao Yuan is in this inn with " health goes 10 thousand lis " the activity extends freely gift attracts senile customer, say to will be in an urban clump green jade is big the hotel attends a meeting, when arriving, return extend freely gift. Via beforehand plot beforehand, division of labor, will rise on November 1, the old person that joins an activity by organization of 10 thousand force greens jade in the clump big public house attends a meeting 3 days continuously. During attending a meeting, 10 thousand force give an old person tuitional " healthy class " , introduce value 4000 yuan " yuan careless capsule " , say class hind gives 1 freely " yuan careless capsule " . The person such as Yang Chi, Liu Bing, Zhang Ping is in charge of recieving. This gang says to hand in 4000 yuan of money to send 3 again after " yuan careless capsule " , hand in 8000 yuan to send 6 " yuan careless capsule " , receiving fund is for test everybody is sincere, money can be in return entirely the following day. On November 3, 31 old people give in all the person such as 10 thousand force one hundred and thirty-five thousand two hundred yuan. On November 4 morning, 10 thousand force organize old people to arrive again an urban blame still the hotel attends a meeting, attend a meeting old people asks to withdraw fund, the person such as 10 thousand force carries the debt of diddle to run away. Old people discovers to after be being cheated, call the police. 10 thousand force turn cheats money on the bank check that deposits Liu Bing, go back is taken out to give the injured party by Liu Bing after case hair.
The case is being examined in sueing a process, this bilk gang is explained still had carried out similar bilk activity in Luoyang, investigate complement of mechanism of public security of this record withdrawal then. Via checking, in September 2016, liu Jia is in in collusion with of 10 thousand force, Yang Chi, Liu Bing, Zhang Ping Luoyang pays 25 old people such as some country 176 thousand yuan with same measure diddle, armour of Liu of in collusion with of 10 thousand force carries paragraph abscond after. Police of the Luoyang after case hair recovers 150 thousand yuan and return each the injured party in proportion.
Recently, by the 10 thousand force of to sue of urban people procuratorate be suspected of crime of fraud one case, urban people court sentences the accused person with crime of fraud the set term of imprisonment that one year 7 months reach 10 thousand force, Liu Bing, Zhang Ping, Yang Chi, Liu Jia 3 years to differ, punish gold.
Legal principle analysis:
Bilk case is tasted in old people health care in, with crime of fraud qualitative or in order to sell false drug crime qualitative, the health protection that wants pair of experience records above all tastes the knowledge that has a clarity: The health care among the case is tasted after all is why to be planted composition, after edible of the injured party whether enough endangers human body health.
Sell false drug crime and object of crime of fraud and impersonal aspect to differ completely. Simple for, ; of the life right that sold false drug crime to encroach a citizen, healthy advantageous position and the droit that what crime of fraud encroachs is citizen property. Crime of sale false drug is in impersonal aspect expression sell false drug to other, the behavior; that endangers human body health and the impersonal aspect of crime of fraud is behavior person adopt the dummy fact, method that hides the fact purely, make person of property holder, management believes, hand over the behavior of property of one's own accord thereby.
For instance the accused person passes pair of sham health care to taste exaggerated effect, conceal oneself true identity, risk call student of college of medicine and expert, professor, legionary hospital the doctor, make a false report checks a result, will sham health care tastes the medicines and chemical reagents that pretending is achievement of military scientific research, make the injured party believes and buy, with respect to object character, did not encroach a country system of medical politics management and citizen life power, healthy advantageous position, but cause to property ownership of the victim however encroach; impersonal aspect, this criminality did not suffer other and undesirable effect besides making the injured party causes significant pecuniary loss. So this criminality more accord with crime of fraud the feature of impersonal aspect.
This case is the case that tastes property of diddle old people with selling sham health protection namely. The purpose of the accused person is diddle property, taste the method that trusts as diddle the other side and bait to come with sham health care purely diddle other property, so, the accused person such as 10 thousand force should decide crime of fraud. In this kind of case, if its are sham,can't endanger health of his person body, in order to decide crime of fraud advisable.
From the point of solid Wu, the kind that compares a model to be able to maintain crime of fraud has: (1) the product certificate of conformity that forges things of the lot number that imitated health care tastes, medical treatment, to the injured party health care of sale mountain fastness is tasted. (2) without lot number, forge false health care to taste directly, if use syrup exchange,make high price of fluid of such-and-such profess to convinced traffic the injured party. (3) sell with unreasonable high price inferior health care is tasted, if offer cost with 3000 yuan price,want 100 multivariate inferior bee glue only.
An account in one's own words of salesperson of a health food, the salesperson that calls its the company is passed groom strictly, it is a sale segment is the most important in order to serve quality, reside target of old factitious sale technically alone especially with the old person, enthusiastic, kind recieve each old people that become a client likely, should regard them as even oneself parents, walk into their life, buy food, cook, chat the groovy job that etc is them. Some old people can be publicized to persuade by the product, some old people can be touched by the salesperson, although some old people have reason very much, because compromise for favor difficult refus,also meet finally. Old people health care tastes bilk case, it is problem of a law not just, it is the task with a kind of humanitarian society more. Actually, as the child of the old person, add care more to the old person company, communicate chat, just perhaps be the plan of the effect a permanent cure.
Also remind senile friends here, ask cure of normal medical establishment unhealthily. Should rise resist illegal criminal with " close affection card, health care card, gift card " the capacity that sells false for the method, ensure oneself health and money are not damaged kill with the loss.
Law link:
Criminal law the 266th crime of fraud is to point to it is a purpose with detinue, perhaps conceal the method of the truth with dummy fact, diddle counts the behavior of the state-private property with larger specified number. Bilk is state-private property, number is larger, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in or amount of; of only punishment gold is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, punish golden; amount particularly tremendous perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, punish gold to perhaps confiscate property. This law has a regulation additionally, according to regulation.
